CALIFORNIA FAMILY LAW
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Employment Benefits-Pension/Disability
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Division
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Retirement Equity Act - QDRO
............Assignment or Alienation
4 Cards On This Topic:
ERISA plans not preempted by state court qualified domestic relation orders.
ERISA bars (with certain limitations) the alienation or assignment of benefits provided by ERISA pension benefit plans.
ERISA preempts state law allowing nonparticipant spouse to transfer by testamentary instrument an interest in undistributed pension plan benefits.
QDRO may not be used to garnish a divorced pensioner's income for satisfaction of a collateral obligation assumed in a dissolution judgment.